Sample Contract. Always consult an attorney before entering into a contract.
Contract for Purchase of A Proven Stud Male Alpaca
Date: ________________
Parties:
"Sellers"
"Buyers"
______________________________
______________________________
Name
Name
______________________________
______________________________
Address
Address
______________________________
______________________________
City, State, Zip
City, State, Zip
______________________________
______________________________
Telephone
Telephone
Identity of Alpaca:
______________________________
______________________________
Alpaca's Name
Alpaca Registry, Inc. (ARI) Reg. Number
Agreements:
1. Property. Buyers agree to purchase the proven stud male alpaca identified in this
contract.
2. Price. The purchase price is $___________. A nonrefundable deposit of $ _______ is
paid this date and the balance will be paid on or before _____________________. The
purchase price shall be paid in full in U.S. currency before Buyers are entitled to possession
of the animal.
3. Passage of Title and Possession. Upon payment in full, delivery to Buyers by Sellers
of the ARI Registration Certificate, properly executed to effectuate a transfer of ownership
to Buyers in accordance with rules and regulations of the ARI, and the delivery of
possession of the animal to buyers, then title shall pass to Buyers. Delivery will take place
at ____________________________________ (location).
4. Risk of Loss. Risk of loss shall pass to Buyer upon entering into this contract for
purchase. It is the buyer's responsibility to obtain insurance, if desired, to protect against
possible loss.
5. Warranty of Title. Sellers warrant that their title to the animal is free and clear of any
liens, encumbrances, security interests, or other impediments to clear title of any kind.
Sellers transfer to Buyers free and clear title and agree to indemnify and hold Buyers
harmless from any claim of third parties to right of possession, encumbrance, lien, security
interest or title to the animal.
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6. Waiver of Implied Warranties. The implied warranties of merchantability and
suitability for a particular purpose are waived. There are no warranties which extend
beyond the description on the face of this contract. The animal is sold "as is." In lieu of
any implied warranties, the animal sells with the written, express warranty, and specific
rights and remedies in this contract, and no others.
7. Seller's Express Warranties. Sellers warrant that the stud male is a proven breeder,
who has sired offspring. Sellers warrant that the animal's complete medical and
reproductive history is set forth in the attached copy of his medical and reproductive
records, as maintained by Sellers in the ordinary course of its business. Sellers are not
aware of any current adverse medical or reproductive condition in the animal. Sellers
warrant that the male's genealogy is as set forth on his ARI Registration Certificate, a
copy of which is attached. The animal's medical and reproductive records and its ARI
Registration Certificate are merged into, and made a part of, this contract.
8. No Other Warranties. No other warranties are made. All descriptions and
representations about the animal are merged into this document. The Buyer has no right
to rely upon any statement, description, or representation concerning the animal except as
set forth in this document.
9. Buyers' Option For Independent Prepurchase Examination. Prior to purchase, the
Buyers have been offered the option by Sellers to undertake a full veterinary examination
of the animal, using a veterinarian of Buyers' choosing, at buyers' expense. If this option
is desired, it shall be undertaken before Buyers obtain possession and within seven days
of the purchase date. If the examination detects any adverse medical condition, the
Buyers shall so notify Sellers before delivery of possession and within three days of the
examination. Within that time only, Buyers shall have the option to rescind this contract
and obtain a full refund.
By virtue of the benefit of this provision for an independent medical examination,
Buyers forego any claim that the animal is defective, or fails to conform to the
contractual terms, because of adverse health conditions of any kind.
10. Nonassignment. The warranties and remedies under this contract are nonassignable
and inure only for the personal benefit of the Buyers. The warranties and the remedies
shall be void and lapse in the event of any sale or transfer of any interest (including
transfer of part-ownership) in the animal.
11. Entire Agreement. This is the entire agreement between the parties. All previous
discussions and negotiations have been merged into this written contract.
12. Jurisdiction and Venue. If any dispute arises between the parties, venue and
jurisdiction shall lie with the state and judicial district where Sellers reside. In addition to
legal relief, a court is hereby authorized to grant injunctive, declaratory or other
appropriate equitable relief to enforce both the grant and the limitation of warranties and
remedies as set forth by this contract.
13. Attorney's Fees. In any legal proceeding arising out of this contract, the prevailing
party shall be entitled to their reasonable attorney's fees and costs of suit, in addition to
any other relief granted by the Court.
14. Limitation of Damages. In no event shall damages be awarded for the buyers'
incidental or consequential damages of any kind, including, but not limited to, lost
profits, lost stud service income, or lost production.
15. Requirement of Timely, Written Notice of Claim. No legal proceedings shall be
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instituted arising out of this contract unless written notice is delivered by buyers to sellers
within 18 months of the date of this agreement, which notice shall specify the grounds
upon which buyers assert their claim, and give sellers reasonable opportunity to respond
and offer to cure the alleged breach, if appropriate.
_______________________________
Seller
__________________________________
Buyer
_______________________________
Seller
__________________________________
Buyer
Sample Contract. Always consult an attorney before entering into a contract.